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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 356   View pdf image (33K)
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356 LAND-HOLDER'S ASSISTANT.

    Thus far go the laws of the former government on this
subject. The proceedings which actually took place under
those laws, the degree in which the Indian titles were
extinguished, and the grounds upon which they were considered
by the state goverment to be still in some measure subsisting,
are matters of which I am not very accurately informed, and
which, indeed, I have not taken much pains to investigate,
believing that it would scarcely be proper at this time to
discuss, in a critical manner, the history and actual state of those
titles, since they are understood to have given rise to suits, now
depending; some of them, as I am informed, very recently
instituted in the courts of the United States. I shall therefore
merely proceed to notice the provisions of the acts, of the state
legislature of Maryland relative to the indian lands. The first
notice which I observe to have been taken of them was by the
act of (b) 1785, ch. 88, in which the governor and
council were authorised to appoint " some fit and proper person to
" treat with the indians entitled, under any act of assembly,
" to any lands in Dorchester County, for the purchasing the
" said lands, or any part thereof," on behalf of the state, and
to agree with them, on the terms of the said purchase, for a
certain annual sum to be paid to the said Indians as long as
any of them should remain: to take a deed to the state
expressing the conditions; the said deed to be acknowledged
before the general court of the Eastern Shore or the court of
Dorchester county, in open court, and the same person
after the purchase so made was to sell the said lands at auction,
on terms, and after a notice, prescribed by the act.

    It does not appear that any thing was effected under this
act, or under one of 1790 ch. 43, appointing commissioners
to dispose of the indian lands in Dorchester county, which
was repealed by an act of 1798, ch. 82. I shall therefore
pass to the provisions of the last mentioned act, by which five
commissioners were appointed and authorised to repair to the
indian settlement near Secretary's creek, in Dorchester
county, and to contract, covenant, and agree in behalf of the state,
with the Choptank indians inhabiting the said settlement, for
the purchase of their lands; the act provided that, by the said
contract those lands should be forever thereafter vested and
confirmed in the state, in consideration whereof there should
be reserved to the said indians, for their own cultivation and
improvement, a quantity of the said land not exceeding one
hundred acres, to be so laid off by the commissioners as to
include the actual settlement of the indians, and a suitable proportion

    (b) It will be seen presently that sales were made of the Nanticoke
Indian lands before this time by the intendant of the revenue, but I cannot
speak here of the particular authority under which they took place,
having, rather unaccountably, failed to discover it.





 
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Kilty's Land-Holder's Assistant, and Land-Office Guide
Volume 73, Page 356   View pdf image (33K)
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